Trump Files Lawsuit to Block House Capitol Attack Panel’s Subpoena

By Staff, Agencies

Donald Trump’s attorneys filed a lawsuit seeking to block the House January 6 select committee’s subpoena demanding testimony in the investigation into Capitol attack, according to court documents and a statement on Friday night, setting up a legal battle over the extent of executive power.

The suit appears to reflect an attempt by the former president to delay compliance with the sprawling subpoena, in an effort that could culminate in a constitutional showdown with the House of Representatives before the US supreme court.

“Former President Trump turns to the courts to preserve his rights and Executive Branch independence consistently upheld by the courts and endorsed by the Department of Justice,” Trump’s attorneys wrote in a 41-page submission filed in federal court in West Palm Beach, Florida.

The suit argued that Trump could not be compelled to testify before Congress in large part because the justice department has held that presidents and former presidents have absolute immunity, among other reasons declaring the subpoena invalid.

But while the justice department has long adopted the absolute immunity position, that is not binding on federal courts and the select committee could argue that the subpoena was a lawful congressional function to have the complaint dismissed, legal experts said.

The former president, though, could then launch an appeal to the US court of appeals for the 11th circuit, and then further appeal to the supreme court – at which point the select committee might no longer exist, since it expires at the end of the current congressional term in January.

Trump’s complaint makes it increasingly probable that he will never testify about any potential contacts with far-right extremist groups like the Proud Boys, which stormed the Capitol on January 6, and efforts to stop the congressional certification of Joe Biden’s 2020 election win.

The legal action comes just days before the subpoena summoned Trump to appear for a deposition on 14 November and before he is expected to announce his 2024 presidential campaign, despite pleas from some advisers to delay his bid, after disappointing Republican results in the midterms.

Last month, the select committee transmitted a historic subpoena to Trump and his lawyers making sweeping demands for documents and testimony, raising the stakes in the highly charged congressional investigation into the Capitol attack.

The expansive subpoena ordered Trump to produce documents by 4 November and testify on 14 November about interactions with key advisers who have asserted their fifth amendment right against self-incrimination, including the political operatives Roger Stone and Michael Flynn.

“Because of your central role in each element,” the panel’s chairman, Bennie Thompson, and vice-chair, Liz Cheney, wrote, “the select committee unanimously directed the issuance of a subpoena seeking your testimony and relevant documents in your possession on these and related topics.”

Trump was granted an extension to comply with the documents request until this week, though an exhibit attached to the suit on Friday claimed that the former president found no records about communications he placed or received on January 6 on non-government-owned devices.

The subpoena also sought materials that may be scrutinized as part of an obstruction investigation conducted by the select committee, such as one request that asked for records about Trump’s efforts to contact witnesses and their lawyers before their depositions.